Chapter 5, Release of Information - Army Regulation 360-1 Army Public Affairs

Chapter 5 Release of Information

5-1. Release of official Information

Department of Defense policy requires any official information intended for public release that pertains to military matters, national security issues, or subjects of significant concern to the DOD be cleared by appropriate security review and PA offices prior to release. This includes materials placed on the Internet or released via similar electronic media. See DODD 5230.9 for additional guidance.

5-2. Impartial and objective dissemination

Information about policies of the United States and its allies will be disseminated impartially and objectively, according to local command guidance.

5-3. Authority to release information.

a. General procedures. The Office of the Secretary of Defense (OSD) normally releases general military information on the overall plans, policies, programs, or operations of the DOD, the DA, or the Federal Government. Information that meets any of the criteria below will be submitted to OCPA for OSD clearance prior to release. Doubtful cases also will be submitted for clearance. Prior unofficial publication of information does not constitute authority for official release.

(1) Information that originates from or is proposed for release at the Seat of Government.

(2) Information that is or has the potential to become an item of national interest or international interest.

(3) Information and public statements with foreign policy or foreign relations implications.

(4) Information and public statements concerning high-level military or DOD policy.

(5) Information concerning U.S. Government policy or policy within the purview of other Government agencies.

(6) Information approved by HQDA for release by OSD.

(7) Information on subjects of potential controversy among the military Services or with other Federal agencies.

(8) Initial information on new weapons or weapon systems or significant modifications or improvements to existing weapon systems, equipment, or techniques.

(9) Information on significant military operations, potential operations, operations security (OPSEC), and military exercises.

(10) Information on military applications in space.

(11) Information on weapons of mass destruction (including nuclear weapons) and the components of such weapons including—

(a) Nuclear weapons effects research.

(b) Chemical warfare and defensive biological and toxic research.

(d) Nuclear, biological, and chemical (NBC) defense testing and production, policies, programs, and activities.

(12) Information on national command authorities (NCAs) and NCA command posts.

(13) Information and materials, including submissions by defense contractors, involving critical military technology.

(14) Information concerning communications security, electronic warfare, signal intelligence, and computer security.

(15) Initial announcement of general officer assignments.

(16) Initial announcement of awarded Army contracts valued over $3 million will be made in accordance with the applicable provisions of the FAR, the Defense Federal Acquisition Regulation Supplement (DFARS) and the Army Federal Acquisition Regulation Supplement (AFARS).

(17) Lists of names and/or duty addresses of military personnel assigned to units that are sensitive, routinely deployed, or stationed in a foreign territory. (See app K.)

(18) Casualty information on key U.S. Government personnel or equivalent foreign government personnel.

(19) Information on activation, inactivation, or reorganization of Active Army brigade or larger units.

(20) Information on DOD counterterriorist activities as defined by DOD policy.

b. Within Headquarters, Department of the Army.

(1) The OCPA has authority to release information about the Army as a whole. Such information is normally obtained from the ARSTAF agency having primary interest and is cleared, as necessary, with OSD. Army Staff agencies with technical liaison officers or PAOs may respond directly to requests for routine information.

(2) The OCPA will coordinate with the OCLL, other DA staff agencies as appropriate, and the OASD(PA) all replies to congressional inquiries, requests, or other transmittals of information which may have significant PA implications prior to such information being forwarded to Congress by OCLL.

(3) Interviews and press conferences at the Pentagon will be arranged by OCPA. These events will be monitored by the PAO or by the PA liaison officer of the ARSTAF agency concerned.

c. Commands below HQDA level.

(1) Commanders below HQDA level are authorized to release information that is wholly within the mission and scope of their commands and is not restricted by the provisions of a and b above to local media. Normally, such information is submitted to the appropriate PAO who will prepare material for release and ensure a security review is conducted. The PAO either will grant clearance or forward the information to the appropriate headquarters for clearance.

(2) Commanders below HQDA level will inform OCPA, through command channels as soon as possible, when national news media requests are received or situations concerning their commands exist that have the potential for national exposure. Local commanders have maximum flexibility in releasing information. However, local commander should alert OCPA of national media interest in a particular subject so that it may be determined if the national media is pursuing it at more than one location. National media are defined as network television (to include local affiliates if national interest is likely), national news magazines, or metropolitan newspapers with national distribution such as the New York Times or Washington Post.

(3) If a crisis or emerging event occurs in an area of PA responsibility, the first PAO contacted or on the scene will ensure appropriate information is released as quickly as possible to pertinent audiences. Simultaneously, the PAO will coordinate with the next higher headquarters to define PA responsibilities.

(4) Whenever DOD is supporting other Federal agencies such as the Federal Emergency Management Agency (FEMA), the Federal Bureau of Investigation (FBI), or the Department of Interior (DOI), PAOs will use the operational chain of command to coordinate visits, media opportunities, and information release.

(5) Releasing military intelligence and security related information, photographs, and video and audiotapes must be authorized by INSCOM.

(6) Releasing operational information on all ARSOF will be coordinated with the USASOC.

5-4. Safeguarding information

a. Safeguarded information will not be discussed, shown, or made available to unauthorized individuals. All Army personnel must be aware of and support the Army's OPSEC program. Information, materials, or records must be reviewed for OPSEC considerations in accord with AR 530-1 prior to public release. The staff office or agency providing the information, materials, or records to the PA office for release should accomplish OPSEC reviews.

b. Additionally, releasable information must be accurate and must adhere to published DOD and Army policies.

5-5. Release of Army records

a. Army records will only be released when approved by the appropriate authority, in accordance with AR 25-55 and AR 340-21. Officials who release Army records should inform their PAOs if the records contain controversial information, denying a request for release of the records will probably be contested, or the records will be released to a media representative. Public affairs officers will then notify their commanders and will contact the OCPA.

b. Records that would be released if requested under the Freedom of Information Act (FOIA) should be released to media representatives when requested through PA channels. This precludes invoking the FOIA and provides timely information to the public. (See AR 25-55, para 1-300.)

5-6. Communicate to all audiences

a. Commanders are responsible for providing information within their units. The role of PA personnel and others is to assist, advise, plan, train, and conduct PA operations.

b. Commanders will consider the following methods when deciding how to communicate with all audiences:

(1) Holding quarterly commander calls, open houses, family support group meetings, and other venues that explain subjects of interest and importance to all audiences.

(2) Hosting formal or informal discussions or associating with civilian professional groups.

(3) Writing articles for publications and accepting invitations for public speaking engagements.

(4) Participating in local community affairs.

c. Mass communications.

(1) Print media are usually available to unit commanders in many forms in the civilian and Government sectors. Commanders will maximize the opportunities that print media offer to increase confidence in and visibility for the Army. Print media can be retained and distributed in a timely manner. A major advantage of print media is that the readers can refer to articles in detail and at their convenience. A major drawback of print media is a lack of immediate feedback.

(2) Military installations and commands compete with civilian organizations for civilian broadcast coverage on other than breaking news. Internal radio and television assets can ease the effort required to conduct PA sessions in person. Lack of direct personal contact and feedback limits the commander's ability to convey and assess the impact of the message being communicated.

(3) Using electronic mail and the Internet are alternative means of immediate information access. Both provide an avenue for timely feedback.

(4) Internet and Intranet allow the commander to further increase the distribution of print and broadcast mediums to reach a wider audience. Creators and designers of this material will ensure it meets OPSEC requirements.

(5) Public affairs officers will assess and evaluate all audiences to develop a sound PA program.

(6) Commanders must be aware of all the subgroups in their commands. Each has some unique information needs that must be met. Important subgroups in most commands are first-term soldiers, junior noncommissioned officers (NCOs), senior NCOs, company grade officers, field grade officers, spouses, children, and civilian employees. In many commands there are also ROTC cadets, Reserve Component soldiers, retirees, and local nationals who have their own special information needs.

5-7. Consultation with state and local officials

a. Presidential, DOD, and HQDA policies require that, within national security and congressional constraints, State and local officials be consulted at the earliest stages of planning and developing major policy, budget, or reorganization proposals that have significant State and local impact.

b. The OCPA will provide consultation guidance to the MACOMs and activities involved in the proposal, based on DOD guidance. If no problems are perceived, OCPA will authorize MACOMs and activities to begin consultation at the earliest time. However, no early consultation with State and local officials will take place without HQDA guidance.

c. Major commands or activities may know or receive an inquiry about a particular local or congressional issue that HQDA should be aware of. MACOMs and activities will then advise HQDA of these situations through the local PAO to OCPA.

5-8. Visual information support

Official photography, television, audio, and graphic art support to public information programs is authorized.

a. Limit recording and reproducing to the minimum required to satisfy official needs.

b. Restrict photographic and video coverage of VIP visits to minimum essential requirements.

c. Using PA resources to produce documentation or keepsakes is inappropriate.

d. Public affairs is authorized to take news-related photographs only. Using PA resources to take photographs for promotion boards, ceremonies, changes of command, or social events that are not newsworthy is inappropriate.

5-9. Facilitating media visits

a. News media representatives may visit those areas of an installation normally open to the public when the subject matter is of local interest or deals with news events that happen without prior planning or knowledge and the information is releasable under existing regulations. The news media and the public are restricted from areas where access must be controlled for criminal justice purposes. Media coverage of subjects of potential controversy or national level interest will be coordinated through channels to OCPA for review and approval. Installation commanders or contractors will cooperate in a timely manner with bona fide media representatives who request permission to visit an installation under Army jurisdiction or the facilities of DOD contractors to obtain information for public release.

b. Local procedures will be developed to handle news media personnel during disaster and civil disturbance conditions.

c. Commanders and news media representatives will establish basic ground rules that ensure the free flow of information while safeguarding classified materials or operational plans.

d. The OCPA is the sole authority for approving requests by foreign news media representatives to visit Army installations, activities, or agencies in CONUS. See AR 380-10 for exceptions to this policy. Forward requests, with recommendations, through PA channels to OCPA. Foreign news media representatives are always prohibited access to classified information, activities, and/or areas.

5-10. News media accreditation

a. Accreditation is a means of identifying correspondents with a legitimate need for gathering news about military affairs and fostering a professional relationship between the military and the media. Accreditation does not provide correspondents any special privileges. Accessing military areas, receiving information, and using facilities remain the commander's prerogatives within the bounds of security and the provisions of this regulation.

b. The OASD(PA) and commanders in chief (CINCs) will establish criteria for the accreditation of news media representatives to cover combat operations. Though not required, commanders may establish accreditation systems for local media in connection with covering a specific event.

c. Staff privileges and credentials.

(1) Public affairs officers will issue credentials to identify staff reporters and photographers who prepare material for use in AF or CE publications. Public affairs officers will establish local forms and will exercise caution in issuing credentials to anyone outside the PA office.

(2) Employees of a CE contractor will not be provided PAO credentials; rather, they should carry credentials that identify them as employees of the printer.

(3) Stars and Stripes reporters will be provided credentials as civilian news media representatives.

(4) Military journalists will be afforded the same rights and privileges as civilian media representatives.

5-11. Media day

Each year commanders of active installations should schedule a media day to encourage area news media representatives to visit their installations, to establish or renew contacts with news media representatives. The type program and the date selected are at the discretion of the installation commander. Media days should be conducted in conjunction with scheduled on-post special events, and/or ongoing training.

5-12. Official discussions with the media

To broaden public awareness of the Army, Army personnel are encouraged to speak with the media factually, candidly, and fully about unclassified matters on which they have personal knowledge and expertise. Senior commanders and staff officers are expected to discuss military matters within their purview with news media representatives.

5-13. Unofficial discussions

Anyone subject to this regulation may agree to a media request for an interview in an unofficial capacity. Army personnel may express personal opinions unless limited by law or regulation. They should discuss candidly matters about which they have personal knowledge if the information is not classified or otherwise non-releasable. When questioned on a classified matter, they will state frankly that the information cannot be discussed.

5-14. Release of unclassified official visual information material to foreign nationals or governments

The procedures and policies in this regulation on release of information to U.S. media, organizations, or individuals also apply to the release of official visual information material to foreign nationals. Requests of an unusual or sensitive nature should be referred to OCPA for coordination and approval. Requests from foreign governments for information or visual information materials should be referred to the nearest security manager in accordance with AR 380-10.

5-15. Personal privacy

The Privacy Act of 1974 (5 USC 552a), implemented by AR 340-21, prohibits DA from publicly releasing certain items of information about an individual. See appendix K for guidance on applying the Privacy Act to PA activities.

5-16. Release of information on disciplinary actions

See AR 25-55 for guidance.

5-17. Criminal investigation, DA polygraph activities

See AR 195-6, paragraph 2-9, for guidance.

5-18. Release of information from criminal investigation and military police records, reports, and forms

See AR 190-45, AR 195-2, and AR 340-21 for guidance.

5-19. Military accidents

a. Consistent with national security, military authorities will give maximum cooperation to U.S. news representatives covering military accidents occurring outside military installations. This does not apply to accidents or incidents involving nuclear, biological, or chemical weapons or research or to military accidents occurring outside the United States, its territories, or its possessions. Guidance for these circumstances is given in treaties, international agreements, and laws of other nations.

b. Normally, civilian law enforcement and emergency response agencies will be on the scene before the military. Commanders or activities will coordinate and plan with agencies before a crisis. The commanders will advise the agencies that they may be called upon for assistance and cooperation when military accidents occur in their areas. The civilian law enforcement agencies will be made aware of the provisions of 18 USC 793(d), 793(e), 795, and 797. These USC sections make it unlawful to photograph, publish, or refuse to surrender classified information.

c. The military authority at the scene of an accident in which classified material is involved will—

(1) Inform news media representatives of the presence of exposed classified material that cannot be removed or covered immediately and will ask the representatives to cooperate in its protection. Photographers will be informed that violations of the ban against photographing classified material are also violations of Federal criminal laws (18 USC 795 and 797).

(2) Not use force if news media representatives refuse to cooperate in protecting classified material. The military authority will request immediately the assistance of appropriate civilian law enforcement officials to prevent compromise of such material and to recover all photographs, negatives, and sketches presumed to contain classified information. The military authority also will request the cooperation of the superiors of offending news media representatives and tell them that publication of such classified information or refusal to return it to the military authority is a violation of Federal laws 18 USC 793(d), 793(e), 795, and 797.

(3) Report through channels to OCPA for transmittal to OASD(PA) refusals of news representatives or their superiors to cooperate.

5-20. Accident involving military personnel or equipment

Public release of information on injured or deceased personnel (including names) will be made as soon as possible, within Privacy Act constraints, after the local casualty assistance officer has confirmed that the next-of-kin have been officially notified.

a. When circumstances permit, one-story, single-release coverage of accidents or incidents is desirable. Normally, information released will be as follows:

(1) Announcement that an accident or incident occurred.

(2) Location and time of the accident or incident.

(3) Names and addresses of deceased/injured will be withheld until such time as next-of-kin have been officially notified. After notification, PAO may release the names and city and state addresses.

(4) Before official findings are available, state "An investigation is being conducted to determine the cause."

(5) To remove or lessen the anxiety of other personnel on the installation, names and addresses should be released simultaneously with the release of accident news or as soon thereafter as possible.

b. For this regulation, a civilian aircraft under military charter is considered a military aircraft and information concerning casualties will be released accordingly.

c. When accidents involving civilian or military vehicles, trains, commercial or private airplanes, or when any other types of accidents occur outside Army installations (whether overseas or within CONUS), the PAO nearest the scene will coordinate with local law enforcement officials, representatives of transportation companies (if applicable), and Army casualty personnel to ensure that the next-of-kin are notified prior to public release of names and addresses of military personnel.

d. For news media requests for additional personal information on deceased and injured, release the—

(1) Information to the soldier or soldier's next-of-kin. Any communication with a requester will be the option of the next-of-kin or the soldier.

(2) Reports of casualty investigations to the individual involved (or to the next-of-kin if the individual is deceased or missing).

e. Because of national and international interest and implications, casualty information on key U.S. Government personnel or equivalently ranked foreign government visitors killed, injured, or listed as missing while on a military installation or while being transported by military vehicle will be released at the following levels:

(1) The White House Press Secretary has sole approval authority for release of news about the—

(a) President of the United States.

(b) Vice President of the United States.

(d) President Pro Tempore of the Senate.

(e) Members of the Cabinet.

(f) Foreign visitors of political or royal rank equivalent to the above listed U.S. Government officials.

(g) Members of foreign governments below the rank cited in (a) through (f) above when guests of the United States.

(h) Chiefs of foreign military services below the rank cited in (a) through (f) above when guests of the United States.

(2) The Secretary of Defense (Public Affairs) will approve the release of news about the following:

(a) U.S. Senators.

(b) U.S. Representatives.

(d) Chairman, Joint Chiefs of Staff.

(e) Chief of Staff, U.S. Army.

(f) Chief of Naval Operations.

(g) Chief of Staff, U.S. Air Force.

(h) Commandant, U.S. Marine Corps.

(i) Commanders, Unified and Specified Commands.

(3) The commander concerned will handle information on accidents involving military or civilian personnel designated as special interest according to AR 600-8-1 (for example, general officers, general officer designees, selected commanders, and civilians of comparable status), and visiting foreign students and officers. If possible, the OCPA duty officer will be informed of the accident prior to release of any information. After duty hours or on weekends, call the Army operations center and ask for the OCPA staff duty officer.

(4) Local PAOs are authorized to release information in response to press queries about named individuals prior to notifying OCPA. However, once the information is released, the OCPA should be immediately notified through channels.

(5) Accidents occurring outside the United States require additional coordination with U.S. Embassy or Consulate personnel to ensure proper notification of the host government.

(6) Names of Special Operations personnel will be coordinated with the USASOC prior to release.

f. Information resulting from official investigations regarding line-of-duty status or findings of misconduct by individuals will not be released to the public without the approval of The Adjutant General, HQDA for Reserve or retired Army members or HQDA (HQDADAPC-PED) for Active Army members.

5-21. Casualties

a. Avoid using the term casualty in news releases when referring to military personnel. Instead, personnel will be identified as follows:

(1) Deceased. Indicate cause.

(2) Very seriously wounded/injured or very seriously ill (VSI). Indicate cause.

(3) Seriously wounded/injured or seriously ill (SI). Indicate cause.

(4) Slightly wounded/injured or slightly ill. Indicate cause.

(5) Missing.

5-22. Access to Armed Forces Disciplinary Control Board meetings

News media representatives may attend those meetings of Armed Forces Disciplinary Control Boards (AFDCBs) that are open to the public. See AR 190-24, appendix B, for additional guidance.

5-23. Interviews with and hometown-type news releases about foreign military personnel attending U.S. Army schools

a. Public affairs officers will not initiate interviews with foreign military personnel attending Army schools or training under Army auspices in the United States. Refer interview requests to the proper country's senior officer in residence for approval. The senior officer should be encouraged to find out his or her embassy's desires. If an interview is approved, the PAO will help make the necessary arrangements.

b. The U.S. Army and Air Force Hometown News Service (AAFHTNS) releases news only on U.S. personnel to U.S. media.

5-24. U.S. Army counterintelligence personnel or activities

Public release of information about U.S. Army counterintelligence personnel or activities must be authorized by INSCOM PAO.

5-25. Personnel under treatment in Army medical facilities

a. Information about patients under treatment in Army medical facilities will be released only in accordance with the Freedom of Information Act and the Privacy Act of 1974. Biographical data, other than that releasable under AR 340-21, will not be released without the prior consent of the individual or, if the individual is unable to function for him or herself, by his or her representative. In response to news media queries the following information may be provided, as specified:

(1) The date the patient was admitted to and/or released from the medical facility may be provided.

(2) Limit general information to identifying the type of injury or disease (for example, burn, fracture, gunshot wound, or pneumonia). Avoid any statement that may invite speculation.

(3) A description of the patient's specific condition may be provided only with the informed consent of the patient. This consent should be in writing.

(4) A current assessment of the patient's condition may be provided, but limit the statement to, "The patient's condition is stable (or good, fair, serious, or critical)." Do not give a prognosis under any circumstances.

b. When personnel of other military Services or Government agencies are under treatment or hospitalized in an Army medical facility, authority to release information about such patients rests solely with the other Service or agency concerned. Army PAOs will assume such responsibility only upon the official request of the other Service or agency concerned and in accordance with the policies of AR 25-55, AR 340-21, and a above apply.

c. Releasing information about or permitting interviews with psychiatric or other mental patients is prohibited.

5-26. Missing in action

a. The names and addresses of the next-of-kin or photographs/video of a person missing in action (MIA) will not be released. An MIA's name, grade, and date of birth; a statement indicating the MIA's status; and other proper information may be released. However, such information will be released only after the PA office receives verification that next-of-kin were officially notified and search-and-rescue operations were terminated.

b. Information regarding the circumstances of or other details about the release, escape, or other method of return to military control of personnel classified as MIA; data on their physical condition or scheduled return to the United States; or information these individuals may provide about other persons known or believed to be casualties or in a missing status will not be released until after the PA office receives verification that the next-of-kin were officially notified.

5-27. Personnel participating in alcohol and drug abuse control programs

Public release of information regarding personnel who are or were participating in Army alcohol and drug abuse control programs is prohibited.

5-28. Litigation and debarment cases

To preclude the premature release of information about litigation or debarment cases, a close liaison with the SJA concerned must be maintained.

a. Litigation. As discussed in AR 27-40, paragraph 7-9, matters in litigation or with the potential for litigation will not be discussed unless the information is a matter of public record. In this case, the PAO and SJA will coordinate responses to queries. Public affairs officers will never speculate on such matters, but will advise the SJA concerned of any media queries regarding cases in litigation.

b. Debarments. Information about debarment of a company holding a Government contract will not be released until a final decision is made. In the interim, PAOs may acknowledge that a specific company has been proposed for debarment. The media should be referred without comment to the contractor when questions arise about the basis for the case or the status of the proceedings.

5-29. Coverage of courts-martial

Approving news media requests to photograph or video record a trial by court-martial will be guided by the following, unless more restrictive measures are necessary to ensure a fair trial:

a. Photographing or video recording the courtroom interior may be permitted when persons involved in the proceedings are not present.

b. During the trial, photographing or video recording the accused may be permitted when he or she is outdoors in public view. Photographing or video recording the accused in a courtroom, cell, cell block, prison yard, or similar area or in the presence of other prisoners is not permitted.

c. The PAO will establish a means to accommodate media coverage to include courtroom pool reporting and a separate media center near the courtroom.

5-30. Recording of soldiers

When releasing visual information documentation of soldiers, PAOs will ensure accurate portrayal in situations reflecting Army activities, missions, and uniforms.

5-31. Photographing and recording personnel in a hostile area

a. Use care when releasing official information, photographs, and video recordings of U.S. and allied forces personnel killed, wounded in action, hospitalized, detained as a result of hostile action, or MIA. Give every consideration to the rights of the individuals concerned and the effect publishing information or photographs would have on families and friends.

b. Use common sense, good taste, and awareness of safety and security concerns when authorizing media access to operational locations. Public affairs officers will encourage media compliance with official release proprieties. If a photographer persists in taking photographs, the PAO should not take any action to recover the film, but will immediately report the problem through PA channels to higher headquarters.

c. The following provisions apply while a wounded person is in an area of hostile action, at a point of embarkation or entry, at a hospital or other military convalescent installation, or in transit. Unless the individuals shown have given permission to release and a notation is placed at the end of the identifying caption, official release of the following is prohibited:

(1) Photographs or video recordings of recognizable wounded or deceased personnel not identified by name.

(2) Photographs or video recordings of recognizable wounded personnel identified by name until next-of-kin have been notified, unless the release is approved by the wounded or persons requested their next-of-kin not be notified.

(3) Surgical or other major medical care photographs or video recordings that identify the patient.

(4) Photographs or video recordings showing deceased and/or wounded personnel in large numbers. Official photographs of combat deceased under field conditions normally will not be released to the public media. Photographing graves registration facilities or temporary cemeteries is prohibited.

(5) Photographs or video recordings showing mangled bodies, obvious expressions of agony, or expressions of severe shock.

(6) Photographs or video recordings of psychiatric or other mental patients.

(7) Photographs or video recordings of plastic surgery or severe disfigurement cases.

(8) Photographs or video recordings of blind or deaf patients.

(9) Photographs or video recordings of amputees demonstrating prosthetic appliances.

5-32. Official photography and recording, and media access to, personnel under treatment in Army medical facilities

Permission to photograph or record a patient in a U.S. Army medical facility will be given only when the prior informed written consent of the patient has been obtained. In addition, the attending physician and/or medical facility commander must determine that such activity will not jeopardize the condition or welfare of the patient or nearby patients. Photographing a patient will be prohibited when it infringes on the patient's right to privacy or causes embarrassment. Photographing patients must always meet accepted standards of propriety.

5-33. Photographing military installations or equipment

a. Army installations are generally open to the public. Photographing historical buildings or areas of public interest for private use is permitted.

b. Ground or aerial photographs, sketches, or graphic representations of classified military equipment or installations designated as restricted areas is punishable by law (18 USC 795). Reproducing, publishing, or selling this type of material is also punishable by law unless the photograph, sketch, or graphic representation indicates it has been reviewed and cleared for release by proper authority.

5-34. Army studies

Premature release of emerging results of Army studies and/or analyses before official approval is prohibited.

5-35. Opposing Forces program

See AR 350-2, section VI, for guidance on policy for public displays and/or demonstrations of opposing forces (OPFOR) equipment and training. Releasing information about the OPFOR program is restricted.

5-36. Media coverage of equipment testing

Media coverage of developmental, technological validation, or operational testing of Army systems is prohibited. Seek exception to policy through channels to OCPA.

5-37. Battle labs and advanced warfighting experiments

Major Army command level approval may be given for media coverage of the Army battle labs and Army warfighting experiments (AWEs) in coordination with OCPA.

5-38. Activation, inactivation, or realignment of installations, facilities, or activities and/or associated personnel reductions

a. Accurate and timely information, consistent with security and the policies of AR 5-10, will be released to the public when the decision has been made to activate, inactivate, or realign an installation, facility or activity, and/or associated personnel reductions. Criteria for initial announcements of such actions are made at HQDA level, through OSD, when the action—

(1) Requires prior notification of Congress, as specified in AR 5-10, paragraph 2-3, because of military or civilian personnel reductions which will go into effect either in the near term or by attrition over an 18-to 36-month period.

(2) Involves reductions in Government personnel as a result of commercial activity (CA) actions. (See AR 5-20.)

(3) Involves accessing Government installations or facilities.

(4) Has generated congressional and/or public interest or has been a subject of public controversy during the decision-making process.

b. The criteria are flexible and the CPA may make exceptions as to the level at which initial public announcements will be issued. The commands concerned will be notified when such exceptions are to be made.

c. The CPA will issue guidance to the command(s) concerned prior to the scheduled announcement date for actions discussed in a above.

d. Army personnel will avoid making statements that can be interpreted as official and may invite speculation about possible inactivations, realignments, or strength reductions.

5-39. Unit activations, inactivations, and reorganizations

a. Normally, the initial release of information on activations, inactivations, and reorganizations of Active Army units of brigade or larger size will be made at the national level. Activations, inactivations, or reorganizations of smaller Active Army units may be announced by the MACOM concerned, except when such actions involve one or more of the criteria in paragraph 5-38 above. In such instances, initial public announcement will be made at HQDA, through OSD, for units smaller than brigade size, as well. Provisions of this subparagraph do not apply to announcements of such actions for Reserve component units. (See AR 5-10.)

b. Safeguarded information contained in (1) through (4) below is generally not releasable, except as provided in c below, on any phase of unit activations, inactivations, redesignations, reorganizations, training, or movements within the United States or overseas.

(1) Exact personnel strength and composition of units.

(2) Status, amounts, or quality of equipment.

(3) Combat efficiency.

(4) Deployment of units to combat areas.

c. When an activation, inactivation, redesignation, or reorganization involves a Reserve component unit, information will be released as follows:

(1) U.S. Army Reserve units. The local commander may release information listed in b(1) through (3) about the local unit.

(2) Army National Guard units. The NGB will notify the unit concerned. When such notification is received, the State Adjutant General concerned may release information listed in b(1) through (3) about the local unit.

d. Commanders may approve release of information when release will not compromise operational security.

5-40. Training and movement of units

Information on unit training or movement that is not safeguarded or restricted by paragraph 5-4 or other provisions of this regulation may be released by the responsible commander, except in the cases of major or joint exercises. Initial release of information on major Army exercises will be made at HQDA, through OSD. Initial release of information on major joint exercises will be made by OSD with later announcements by the joint commander.

5-41. Access to Military Entrance Processing Stations

See joint Service regulation AR 601-270, paragraph 3-11, for guidance.

5-42. Access to commissaries

All requests received from news media representatives to visit commissary facilities will be coordinated with the PA office of the Defense Commissary Agency, Fort Lee, VA.

5-43. Visits to installations with chemical munitions and/or a nuclear, biological, or chemical defense-related mission or activity

All news media requests to cover NBC missions or activities will be considered on a case-by-case basis and should normally be approved by the chemical activity or installation commander when such visits will not interfere with operational requirements. Approval may be denied for safety or security reasons.

5-44. Access to Army confinement facilities

News media access to and photography in an Army confinement facility normally is prohibited. See AR 190-47, paragraph 10-12.

5-45. Criminal investigations

Generally, no information should be released concerning ongoing investigations. However in coordination with local authorities, PAOs may acknowledge the existence of an investigation and information that is a matter of public record.

5-46. Inspector general activities

Inspector General (IG) investigations contain sensitive information and advice. Unauthorized use or release of IG records can seriously compromise the IG's effectiveness as a trusted advisor to the commander and may breach IG confidentiality (see AR 20-1, para 3-5 g).

5-47. Information related to disaster relief and civil disturbances

a. Responsibilities for PA activities in connection with domestic disaster relief operations are given in AR 500-60.

(1) Information on Army participation in disaster relief operations will be made available promptly to news media.

(2) Public affairs officers of ARNG and USAR units are encouraged to forward to OCPA news and news-feature material of their activities for possible dissemination at national level. ARNG PAOs will provide information copies to NGB Office of Public Affairs (NGB-PA).

(3) Upon conclusion of disaster relief activities, PAOs will provide the OCPA a narrative summary of PA activities and their results. Information copies of the report will be provided to intermediate headquarters.

b. OCPA is responsible for PA activities in connection with civil disturbances. Questions on public information matters related to civil disturbances will be referred to OCPA by Active Army elements and/or Reserve component units on active Federal duty status. Army National Guard units on State active duty will refer questions to the NGB PA.

5-48. Release of information by manufacturers, research organizations, educational institutions, and other commercial entities holding Army contracts

a. General. This paragraph covers the Army's review and clearance of materials proposed for release to the public by contractors, manufacturers, scientific researchers, and other entities regarding contractual agreements and awards, products, services, military sales, technology, scientific studies, and other areas of production and research.

b. Policy. Army policy is to make available to the public the maximum accurate information on Army contractual relationships, industry accomplishments, and scientific achievements. Exceptions to this policy include—

(1) Safeguarded information as well as data that offers unfair and competitive advantages to specific entities and individuals.

(2) Nonexportable commercial information or data and information subject to international traffic in arms control.

(3) Information about material in the Militarily Critical Technology List. This list is available in military contracting and research and development offices.

c. Public release clearance at the lowest level of responsibility is authorized and encouraged. When higher headquarters release is required, or when a question exists on release authority, PAOs will send the proposed release material and a recommendation to OCPA to coordinate clearance within HQDA and with OSD.

d. PAOs will not release or authorize release of material that contains implied DA endorsement of a commercial firm, product, or service; comparison of the merits of one item of military material with another; DOD specification details or results of acceptance tests; or information involving critical military technology.

e. Procedures for reviewing and clearing material are at appendix D.